Dr. Amies

The appellant was injured in a motor vehicle accident and initially awarded ongoing income replacement benefits.

Years later, the respondent insurer applied to revoke the benefits, arguing a material change in circumstances.

The arbitrator found that the appellant's medical condition had improved and that her extensive involvement in a highly successful gospel choir demonstrated a capacity for suitable employment, terminating her benefits.

On appeal, the Director's Delegate upheld the arbitrator's decision, finding no error of law in the determination that a material change had occurred and that the appellant was no longer continuously prevented from engaging in suitable employment.